Wage and Hour Division (WHD)

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SAN FRANCISCO -- A company that produces and sells insulation nationwide has signed a settlement agreement with the U.S. Department of Labor to resolve federal charges that the company violated the child labor provisions of the Fair Labor Standards Act (FLSA) at its Phoenix location.

Ohio-based Therm-All Insulation, Inc., operators of the Therm-All manufacturing and wholesale sales facility at 1901 W. Fillmore St., agreed to revise safety and training procedures and pay $10,700 in penalties.

The investigation of Therm-All by the department's Wage and Hour Division was prompted by the July 2, 2001 death of a 17-year-old worker who died when the forklift he was operating overturned. Wage and Hour investigators cited Therm-All for three violations: one for hiring the teen to operate a shearing machine; the second for allowing the young worker to use a forklift. Both jobs are specifically prohibited for workers under age 18. The third violation was the lack of a record of the minor's date of birth.

Under the child labor provisions of the FLSA, workers under age 18 may not be employed in occupations that have been declared hazardous by the Secretary of Labor. There are additional restrictions on the types of jobs that 14-and 15-year-olds may perform as well as limitations on the times of day and the number of hours such youth may be employed.

Under the terms of the settlement agreement, Therm-All will revise company safety materials to prohibit the operation of forklifts by workers under age 18. All supervisors will specifically address the prohibition at safety meetings. All forklift training documents will include the prohibition. Signs in the work areas will indicate that workers under 18 may not operate forklifts.

"Enforcing the child labor laws to ensure a safe workplace for young workers is a top priority of the Department of Labor," said Pam Yerger, Wage and Hour district director in Phoenix.

For more information about the federal child labor laws, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Phoenix district office at (602) 640-2990. Information is also available on the Internet at www.dol.gov.

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